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Ruling: On the one hand, pl was mochel (relinquished) his claim with several statements, and he did not contact beit din with a retraction of the mechilla when he had a chance to calm down. However, he did not know at that time that he would have to continue the legal process because of the countersuit, and therefore the mechilla is not valid in the case that def wants to continue the adjudication.
Def have beit din’s permission to sue otdef in secular court. While we understand the desire to hold all related adjudication in one place, this does not override pl’s basic right to go to beit din. Therefore, it is def’s decision to choose between countersuing pl in beit din while defending themselves against pl’s claim or dropping their countersuit against pl.
Regarding the beit din fee, if they drop the countersuit, they will be reimbursed in full. If they want to lower their claim, they will get an incremental refund. In any case, we are charging pl for the beit din hearing which he halted by his unauthorized leaving. He is to pay 800 shekels to def and 600 shekels to beit din for expenses.
To the extent that def would like to continue with the suit, pl can demand that def will himself come to beit din to represent himself in relation to matters about which he has specific knowledge. The fact that def was allowed to not be present at the first hearing is legitimate in this case on its merits, and pl does not have grounds to disparage def or beit din.
P'ninat Mishpat (832)
Various Rabbis
599 - Believing the Worker about What Work he Did – part II
600 - A Defendant Continuing Adjudication after the Plaintiff Halted it
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
